Intellectual Property Law Commons^™

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

The Maker Movement: Copyright Law, Remix Culture, And 3d Printing, Matthew Rimmer

Matthew Rimmer

Toward A Direct Functional Relationship Requirement For Claims To Software Encoded On A Computer-Readable Storage Medium: Rethinking In Re Beauregard In Response To The Uspto's Interim Guidelines Regarding The Patentability Of Data Signal Claims, Elizabeth A. Richardson

Oklahoma Journal of Law and Technology

No abstract provided.

Reforming The Patent System: A Closer Look At Proposed Legislation, D. Ward Hobson Jr.

Oklahoma Journal of Law and Technology

No abstract provided.

Three Chords And The Truth: Analyzing Copyright Infringement Claims Against Guitar Tablature Websites, Krist Caldwell

Oklahoma Journal of Law and Technology

No abstract provided.

The Quandary Of Being Interactive: The Impact Of Arista Records V. Launch Media On The Viability Of Webcasting Services, Todd E. Saucedo

Oklahoma Journal of Law and Technology

No abstract provided.

Patentability Of Living Matter Related To Biofuel Production In The U.S., Nathan K. Shrewsbury

Oklahoma Journal of Law and Technology

No abstract provided.

Do The Evolution: The Effect Of Ksr V. Teleflex On Biotechnology, Josh Harrison

Oklahoma Journal of Law and Technology

No abstract provided.

Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann

Brett Frischmann

No abstract provided.

Intergenerational Progress, Brett Frischmann, Mark P. Mckenna

Brett Frischmann

This Essay prepared for the Wisconsin Law Review’s symposium on Intergenerational Equity lays the groundwork for a broader understanding of the goals of IP law in the United States by arguing that there is room for a normative commitment to intergenerational justice. First, we argue that the normative basis for IP laws need not be utilitarianism. The Constitution does not require that we conceive of IP in utilitarian terms or that we aim only to promote efficiency or maximize value. To the contrary, the IP Clause leaves open a number of ways to conceive of Progress; courts’ and scholars ...

Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann

Brett Frischmann

No abstract provided.

Patent Reform Act Of 2010: The Time For Change Is Now, Shivan Mehta

Oklahoma Journal of Law and Technology

No abstract provided.

Skidmore V. Led Zeppelin: Extraordinary Circumstances And The Perpetual Statute Of Limitations In Copyright Infringement, Joseph A. Greene

Maine Law Review

This Note addresses [the perpetual copyright limitations period under Federal Law]—specifically, how it came to be, its current application, and what can be done about it. In Part II, this Note gives the background information of the case-in-chief, Skidmore v. Led Zeppelin, and briefly idenitifies its relevant holdings. Part III provides an outline of substantive copyright law, focusing on the subject matter of works protected under the law, the scope of those protections, and the legal basis of musical work infringement claims. Last, in Part III, this Note looks to Skidmore's application of this substantive law. Part IV ...

Rapid Litigation Management Ltd. V. Cellzdirect, Inc.: Limiting The Use Of Subject Matter As A Functional Barrier To Patent Eligibility In The Biotechnology Industry, Casey M. Olesen

Maine Law Review

In recent years, the biotechnology industry has surpassed a market worth of $200 billion dollars, with over 1.4 million jobs dependent on that market. However, the biotechnology industry is also uniquely dependent on the patent system to protect the huge investments of time and money required to bring new research to the market. Increasingly, courts have improperly used the Patent Act's Section 101 subject matter eligibility requirement as a functional barrier for new biotechnological patents, creating substantial uncertainty in the validity of many patents. In particular, the courts have utilized judicially created exceptions to allowable subject matter--laws of ...

Stop Online Piracy Act, Nicollette Brandt

Oklahoma Journal of Law and Technology

No abstract provided.

Louboutin's Trademark Suit Against Yves Saint Laurent: Creating A Color War In The Fashion Industry, Nicollette Brandt

Oklahoma Journal of Law and Technology

No abstract provided.

The United States Film, Music And Pharmaceutical Industries’ Battle For International Copyright And Patent Protection And Enforcement, Fe Emmanuelle (Noelle) Panlilio

Owen Dixon Society eJournal

There is tension in international intellectual property policy between less protection and more protection. The United States, a champion of expansion, plays a major role. It has contributed in multiple law-making forums. This article outlines the progress that the United States has made to further its interests in the global intellectual property law arena, both in law-making and in enforcement. It also discusses the interplay between these developments and the role of large corporations in private industry with a strong interest in intellectual property. It focuses on the film, music and pharmaceutical industries and specifically on copyright and patent laws ...

Cannabis Trademarks: A State Registration Consortium Solution, Russell W. Jacobs

Washington and Lee Law Review Online

This article proposes a solution to a problem in the cannabis industry resulting from the unavailability of federal trademark registration for that sector. The author offers modest changes to the existing state trademark registration systems to make up for the gaps at the federal level. The proposed reforms would strengthen the trademark framework by conferring on cannabis trademark registrations presumptions of ownership, exclusive rights, and validity beyond the presumption of registration currently afforded under state laws. To extend protection throughout the geographic breadth of the cannabis marketplace, the states with legalized recreational cannabis would offer reciprocal recognition of state cannabis ...

Connect Oer Annual Report 2016-2017, Brady Yano

Copyright, Fair Use, Scholarly Communication, etc.

Earlier this year, SPARC launched Connect OER—a platform to share and discover information about Open Educational Resources (OER) activities at campuses across North America. Through Connect OER, academic libraries create and manage profiles about their institution’s efforts on OER, producing valuable data that we use to populate a searchable directory and produce an annual report.

As the first Connect OER Annual Report, this document summarizes insights from the Connect OER pilot, which ran from May - July 2017. The data encompass 65 SPARC member libraries spanning 31 U.S. states and five Canadian provinces who participated in the pilot ...

The Promise And Problem Of Biologics, Michael A. Sanzo

Santa Clara High Technology Law Journal

The Promise and Problem of Biologics

Fairness In Copyright Law: An Anglo-American Comparison, Ilanah Fhima

Santa Clara High Technology Law Journal

Fairness in Copyright Law: An Anglo-American Comparison

Patent Law: Finding Space For State Authority To Regulate Patents, Robin Feldman

The Judges' Book

No abstract provided.

On Copyright And Scientific Theory, Thomas M. Byron

Santa Clara High Technology Law Journal

On Copyright and Scientific Theory

A Splendid Torch: Learning And Teaching In Today’S Academic Libraries, Jodi Reeves Eyre, John C. Maclachlan, Christa Williford

Copyright, Fair Use, Scholarly Communication, etc.

In the winter of 2015, a handful of current and former CLIR postdoctoral fellows gathered at a small restaurant in Washington, D.C., to celebrate publication of The Process of Discovery: The CLIR Postdoctoral Fellowship Program and the Future of the Academy. In typical CLIR fellowship alumni fashion, it took about an hour of relaxation before we began to look at one another and ask, “Now what?” Over fried pickles, barbecue brisket, and vegan spare ribs, we decided to recreate the Collaborative Writing Group (CWG) experience that fostered the collection of essays about what we had learned from our work ...

Section 108 Of Title 17: A Discussion Document Of The Register Of Copyrights, Chris Weston, Aurelia J. Schultz, Emily M. Lanza, Michelle Choe, Karyn Temple Claggett

Copyright, Fair Use, Scholarly Communication, etc.

The objective of the discussion document is: to review the issues raised over the past decade of revision work; to outline the Office’s current views and proposals on the various revision issues; and to present and explain model statutory language for a new section 108. Although the model statutory language should not be seen as the Office’s final view on section 108, the Office believes that it is important to provide a more concrete framework for further discussion. Additionally, the Discussion Document includes copious illustrative examples of how the Office envisions the proposals might work in practice.

CONCLUSION ...

Patent Law: How Big Pharma Delays Generic Entry, Robin Feldman

The Judges' Book

No abstract provided.

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.